State v. Ellis, 905 P.2d 747 (N.M. Ct. App. 1995)

Cases | State v. Ellis, 905 P.2d 747 (N.M. Ct. App. 1995) | 2018

The defendant was an undercover narcotics officer for the city police department and allegedly stole drugs obtained during undercover purchases. The defendant pled guilty to attempted tampering with evidence and embezzlement and was ordered to pay restitution to the police department for his salary, expense money required to “get close” to drug dealers, and drug purchase money. On appeal, the defendant claimed that: (1) he should only be required to pay restitution for the amount embezzled and his crimes could not be a predicate for requiring restitution under N.M. Stat. Ann. § 31-17-1 because of the absence of the required causal relationship between the conduct underlying the convictions and damages incurred by the victim; (2) the State was not a “victim”; and (3) the court abused its discretion concerning the amount of restitution. The appellate court held that: (1) the trial court did not err in determining that the required causal connection existed between the actions underlying the defendant’s two convictions and the damages incurred by the department; (2) in light of court precedent, a state agency can recover restitution as a victim under § 31-17-1; and (3) the trial court did not abuse its discretion in arriving at the amount of restitution.